نوع مقاله : علمی پژوهشی
استادیار حقوق بین الملل دانشکده حقوق و علوم سیاسی دانشگاه شیراز
عنوان مقاله [English]
The international environmental law as a relatively systematic legal system consistent with changing the international community's approach to environmental issues has embraced major developments. The establishment of a mechanism called the non-compliance procedure in multilateral environmental agreements since the early 1990s is one of the most important developments. This procedure, which is different from the traditional methods of international dispute settlement, consists of the arrangements which as a result of their application, are attempted by adopting a wide range of measures including soft measures (such as financial and technical assistance) and hard measures (such as sanctions) to ensure more complete compliance with the obligations. This paper, based on a descriptive-analytical method, while outlining the status of the non-compliance procedures in the multilateral environmental agreements in general, in a case study, analyzes the structural and institutional aspects and some of the most important practical results of the Montreal Protocol on substances that deplete the ozone layer. In the end, this article argues that this procedure has a stable legal status in these agreements, and the examination of the implementation of the Montreal Protocol implies an increase in the membership of the members as a result of the application of this procedure.